The Statement to Register Someone in Residence. Legal Qualification and Utility Cover Image

Declaraţia de primire în spaţiul locativ. Calificare juridică şi utilitate
The Statement to Register Someone in Residence. Legal Qualification and Utility

Author(s): Codrin Macovei, Marcela-Georgiana Opăriuc
Subject(s): Civil Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: legal concept of domicile; proof; declaration; place of abode; residence;

Summary/Abstract: The legal concept of domicile is regulated by the Civil Code, which defines it in Article 87, stating that the domicile of the natural person, for the purpose of exercising his civil rights and freedoms, is the place where he declares that he has his principal home. In accordance with the provisions of the Civil Code, Emergency Ordinance No 97 of the Romanian Government on the registration, domicile, residence and identity documents of Romanian citizens introduces a number of indications as to how to prove the existence of an adequate living space to qualify as a domicile. Of these, the declaration of taking someone`sup abode attracted our special attention. First, because it gives rise to debates even among jurists about its interpretation. Secondly, because practice has managed to instrumentalize it beyond rational limits. Looking at these claims, we have tried to discover its nature, its legal regime, its effects and finally its effectiveness.

  • Issue Year: LXVI/2020
  • Issue No: 1
  • Page Range: 59-76
  • Page Count: 20
  • Language: Romanian
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